Brunei passed a sharia code in 2013. This was commenced in two stages, but with the 'death by stoning' bits coming in last week.
This is what the code says
www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2013/EN/s069.pdf
"A man and a woman are said to commit zina if they willfully had sexual intercourse without being validly married to each other"
"Any Muslim who commits zina and it is proved either by ikrar of the
accused, or by syahadah of at least four syahid according to Hukum Syara' after the Court is satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of an offence and shall be liable on conviction to hadd punishment as follows-
(a} if he is muhshan [married], stoning to death witnessed by a group of Muslims;
or
(b) if he is ghairu muhshan [not married], whipping with 100 strokes witnessed by a group of Muslims and imprisonment for a term of one year.
[2) Any Muslim who commits zina and it is proved by evidence other than that provided under subsection (1) is guilty of an offence and shall be liable on conviction
(a} if he is muhshan, whipping with not exceeding 30 strokes and
imprisonment for a term not exceeding 7 years; or
(b) if he is ghairu muhshan, whipping with not exceeding 15 strokes and imprisonment for a term not exceeding 3 years.
"82. (1) Any person who commits liwat is guilty of an offence and shall be liable on conviction to the same punishment as provided for the offence of zina.
(2) For the purposes of this Order, "liwat" means sexual intercourse
between a man and another man or between a man and a woman other than his wife, done against the order of nature that is through the anus.
- Liwat shall be proved in the same manner as provided for the offence of zina. "
"93. A husband who accuses his wife of commiting zina and he or his wife refuses to perform li'an after being ordered by the Court to undergo li'an, the husband or the wife shall be imprisoned until -
{a} the husband has agreed to perform li'an or be punished with hadd
punishment for committing qazaf; or
{b) the wife has agreed to perform li'an or accepted the husband's
accusation of zina and if the wife accepted the husband's accusation, she is guilty of the offence of zina and shall be liable on conviction to hadd punishment for committing zina.
(2) For the purposes of this section and section 95, "li'an" means an
accusation of zina on oath in accordance with Syara Law made by a husband against his wife whilst the wife on oath in accordance with Syara Law rejects such accusation and the accusation and rejection are made before the Court. "
I had not heard of li'an but it's quite dramatic:
www.oxfordislamicstudies.com/article/opr/t125/e1345
"A Quranic institution governing cases in which a husband accuses his wife of adultery without supplying witnesses. Quran 24:6–9 explicitly instructs the husband to swear four times that his accusation is true, followed by a fifth oath in which he invokes the wrath of God upon himself if he is lying. The wife may then neutralize this claim by responding with four oaths of her own, the fifth of which calls upon her the wrath of God if her husband is telling the truth. If she refuses to take the oath, she is presumed guilty and subject to the punishment for adultery. If she takes the oath, she is declared innocent and permanently divorced from her husband. Her husband, in turn, forfeits any paternity claims over children born subsequent to their sworn oaths."
Anyway, as far as I can see, unmarried men who have sex with men incur the same punishment as unmarried men who have sex with women - i.e. whipping and imprisonment. While married men who have sex with men incur the same punishment as married men who have sex with women other than their wives.
Wives because of course men can marry multiple wives.
Anyway the BBC is for example reporting
"The South-East Asian nation introduced strict Islamic laws this week that make gay sex punishable by stoning to death."
While this is true, it's not 'gay sex' generally but specifically 'anal sex', and in fact it's not only 'anal sex', the actual truth is
'The South-East Asian nation introduced strict Islamic laws this week that make adulterous sex punishable by stoning to death'.
It's true that it will never be legal for two men to have anal sex in Brunei, because men cannot marry there, but the penalty for anal sex is no different from that of vaginal sex.
And it strikes me that the ability for men (only) to take more wives, and the prescriptions about li'an, mean that this law will affect far more women than men, because if a man accuses his wife of adultery then she must swear she didn't do it, or be put to death.
AIBU to think this reporting is wrong and ignores the many women who will be affected by this law?